(a) Application Requirements.

(1) The applicant must provide the executive director with a list of users and the type of use(s) for each user. For users that propose to use the reclaimed water for irrigation, the list must include the acreage and crop(s) irrigated for each irrigation area.

(2) The applicant must provide the executive director with a map showing the location of the water use sites at a scale specified by the executive director.

(3) The applicant must submit all water use data used to calculate firm reclaimed water demand.

(4) The executive director may request additional information as may be necessary for an adequate technical review of the application.

(5) For permits issued prior to the effective date of this subchapter, the permittee must apply for a permit amendment under Chapter 305 of this title (relating to Consolidated Permits) for approval of a new or approval of a change to an existing beneficial reuse credit.

(b) General Requirements.

(1) An applicant must receive authorization required by Chapter 210 of this title (relating to Use of Reclaimed Water) before applying for a beneficial reuse credit. The executive director may waive this requirement for a new facility if the executive director finds that the application contains all information required by §309.23 of this title (relating to Demonstrating Firm Reclaimed Water Demand). If a beneficial reuse credit is granted for a new facility, the permit must include: (A) the requirements and conditions that apply to the regulated activity without considering the beneficial reuse credit, applicable from the date of permit issuance until the permittee receives authorization for reclaimed water use under Chapter 210 of this title; and (B) the requirements and conditions that apply after the permittee receives authorization for reclaimed water use under Chapter 210 of this title.

(2) A permittee and, to extent applicable, a user must maintain authorization under Chapter 210 of this title during the term of the Texas Land Application Permit.

(3) The term of a permit that includes a beneficial reuse credit may not exceed five years.

(4) A permit that includes a beneficial reuse credit must include limits for both the permitted flow and the land application flow. The land application flow limit must be equal to the permitted flow limit minus the beneficial reuse credit.

(5) A permittee that is granted a beneficial reuse credit shall have a contractual agreement to dispose of unused treated effluent on an emergency basis, using the pump-and-haul method or another method approved by the executive director. The permittee shall use the contracted disposal method if all of the following conditions are met: (A) a user of reclaimed water no longer needs the reclaimed water; (B) a new user has not been contracted to accept the reclaimed water; (C) the permitted facility does not have adequate capacity to store the unused reclaimed water; and (D) additional application to the permitted land application area would exceed the permitted application rate or is otherwise prohibited by the permit.

(6) A permittee that is granted a beneficial reuse credit must meet a minimum of Type II effluent quality as described in §210.33 of this title (relating to Quality Standards for Using Reclaimed Water).

(c) Reporting Requirements.

(1) If the users or the irrigation areas change, the permittee must provide the executive director with an updated list of users and irrigations areas within 30 days after the change. A change in user or area is not an amendment to the permit.

(2) A permittee that is granted a beneficial reuse credit shall submit the following to the executive director by September 30th of each year for the reporting period of September 1st to August 31st: (A) monthly data on the amount of reclaimed water used by each user; (B) the type of water use(s) for each user; (C) the acreage of each irrigation site, if applicable; (D) the crop(s) irrigated at each irrigation site, if applicable; (E) a recalculation of the beneficial reuse credit; and (F) the total nitrogen concentration of the effluent.

(3) If the recalculated beneficial reuse credit submitted in the annual report is reduced, the executive director may require a permit amendment.

(4) The total nitrogen concentration of the effluent shall be tested quarterly by grab sample for the first year of the permit term, after which the frequency for testing may be reduced to annually upon approval by the executive director.

(5) The permittee shall submit monthly effluent reports to the executive director in accordance with the effluent limitations and monitoring requirements of the permit.

(6) The executive director may require additional limitations or more frequent testing on a case-by-case basis.

Source Note: The provisions of this §309.25 adopted to be effective January 9, 2020, 45 TexReg 370